12-401

12-401. Venue

No person shall be sued out of the county in which such person resides, except:

1. When a defendant or all of several defendants reside without the state or their
residence is unknown, the action may be brought in the county in which the plaintiff
resides.

2. A married person may be sued in the county in which such person's spouse resides
unless such spouse is living separate and apart from the defendant.

3. Transient persons may be sued in any county in which found.

4. Persons who have contracted a debt or obligation in one county and thereafter
remove to another county may be sued in either county.

5. Persons who have contracted in writing to perform an obligation in one county
may be sued in such county or where they reside.

6. Persons who have contracted a debt or obligation without the state may be sued
in any county in which found.

7. When there are several defendants residing in different counties, action may be
brought in the county in which any of the defendants reside.

8. Actions against personal representatives, administrators, guardians and
conservators as such, to establish a money demand against the estate represented by them,
shall be brought in the county in which the estate is being administered.

9. In cases of fraud and defalcation of public officers action may be brought in
the county in which the fraud was committed or the defalcation occurred, or in which the
defendant or any of several defendants reside or may be found.

10. When the foundation of the action is a crime, offense or trespass for which an
action in damages may lie, the action may be brought in the county in which the crime,
offense or trespass was committed or in the county in which the defendant or any of the
several defendants reside or may be found, but any action for damages against the editor,
proprietor or publisher of a newspaper or periodical published in the state for
publication of an alleged libelous statement shall be brought in the county in which the
principal publication office of the newspaper or periodical is located or in the county
where the plaintiff resided at the time of publication of such statement.

11. Actions for the recovery of personal property may be brought in the county in
which the property may be or in which the defendant or any of several defendants may be
found.

12. Actions for the recovery of real property, for damages thereto, for rents,
profits, use and occupation thereof, for partition thereof, to quiet title thereto, to
remove a cloud or incumbrance on the title thereto, to foreclose mortgages and other
liens thereon, to prevent or stay waste or injuries thereto, and all other actions
concerning real property, shall be brought in the county in which the real property or a
part thereof is located.

13. Actions for dissolution of marriage or legal separation shall be brought in the
county in which a petitioner is residing at the time the action is filed.

14. Actions to enjoin execution of judgments or to stay proceedings in any action
shall be brought in the county in which the judgment was rendered or the action is
pending.

15. Actions against counties shall be brought in the county sued unless several
counties defendants, when it may be brought in any one of the counties.

16. Actions against public officers shall be brought in the county in which the
officer, or one of several officers, holds office.

17. Actions on behalf of the state shall be brought in the county in which the seat
of government is located.

18. Actions against railroad companies, insurance companies, telegraph or telephone
companies, joint stock companies and other corporations may be brought in any county in
which the cause of action, or a part thereof, arose, or in the county in which defendant
has an agent or representative, owns property or conducts any business.

19. Where part of a river, watercourse, highway, road or street is the boundary line
between two counties, the courts of each of the counties shall have concurrent
jurisdiction in actions over such parts of the river, watercourse, highway, road or
street.